Mishkin v. New York | |
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Argued 7 December, 1965 Decided 21 March, 1966 | |
Full case name | Edward Mishkin v. People of the State of New York |
Citations | 383 U.S. 502 (more) |
Holding | |
The prurient appeal requirement of the Roth standard is met when the dominant theme of the work appeals to the sexual interests of a "clearly defined deviant sexual group". | |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Warren, Clark, White, Fortas |
Dissent | Douglas |
Dissent | Harlan |
Dissent | Black |
Dissent | Stewart |
Laws applied | |
First Amendment, New York State Penal Law section 1141 | |
Superseded by | |
Miller v. California, 413 U.S. 15 (1973) |
Mishkin v. New York, 383 U.S. 502 (1966), was a decision by the United States Supreme Court involving the application of the First Amendment to state-level obscenity laws. One of a trio of cases (with Memoirs v. Massachusetts 383 U.S. 413 (1966) and Ginzburg v. United States 383 U.S. 463 (1966)) released on the same day, Mishkin was part of the Supreme Court's attempt to refine the definitions of obscenity after the landmark 1957 case Roth v. United States 354 U.S. 476.